Jump to main content.

TSCA Enforcement Programs and Priorities

The effective implementation of the Toxic Substances Control Act (TSCA) and the TSCA Regulations depends on whether or not individuals, companies, and other entities in the regulated community comply with the various TSCA requirements. The TSCA requirements relate to the following areas:

TSCA Core Enforcement Program -- TSCA Sections 4, 5, 8, 12, 13

EPA is required to maintain an inventory (known as the "TSCA Inventory") of each chemical substance which is manufactured, processed, or imported in the United States. The TSCA Inventory, which currently contains over 75,000 chemicals, provides EPA an important tool for identifying, prioritizing, and evaluating toxic chemicals and for developing a profile of the chemical industry in the United States.

Top of page

TSCA Section 4 : Authorizes EPA to require manufacturers, importers, and/or chemical processors to conduct specific toxicological tests on chemicals which EPA has identified as posing possible risks for adverse health and environmental effects during the manufacture, use or disposal of these chemicals.

TSCA Section 5 Screens new chemicals for potential health and environmental risks before they are manufactured domestically for commercial purposes or imported into the United States. New chemical substances are defined as those chemicals which are not listed in the TSCA Inventory. Those wishing to manufacture or import a new chemical substance must submit the following information to EPA: (1) chemical identity; (2) use; (3) production volume; (4) description of byproducts; (5) description of human exposure; (6) disposal practices; (7) pollution prevention and recycling; and (8) health and environmental review data. If EPA finds that the substance may present an unreasonable risk, EPA may limit activities, control exposure or releases or ban the substance before it enters commerce.

TSCA Section 8: Authorizes EPA to require manufacturers, chemical processors, importers, and, in some cases, distributers, to undertake recordkeeping and reporting of information on chemical production and processing, allegations of significant adverse reactions to health or the environment caused by a chemical substance or mixture, health and safety studies, and information concerning substantial risk to EPA.

Top of page

TSCA Section 12 : Generally exempts any chemical substance, mixture or article manufactured, processed, or distributed solely for export from the United States from complying with the TSCA provisions. However, an exporter is required to notify EPA when he or she is exporting a substance that is subject to EPA regulatory actions under TSCA and EPA must notify the government of the notifying country that there is data available or that a rule, order, action or relief exists.

TSCA Section 13: Requires an importer of a chemical substance to certify that the substance and its importation is not subject to TSCA or the substance appears in the TSCA Inventory and complies with all the other applicable rules and orders issued under TSCA.

Top of page

Asbestos

EPA is responsible for developing and enforcing regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health. The Toxics and Pesticides Enforcement Division (TPED) enforces the asbestos laws and regulations developed under the authority of the Toxic Substances Control Act (TSCA). The Asbestos Hazard Emergency Response Act (AHERA) was signed into law in 1986 under Title II of TSCA, expanding the 1982 Asbestos-in Schools Rule to require local education agencies (LEAs) to inspect their schools for asbestos containing building materials, and to prepare management plans by accredited planners that are approved by the State, to reduce the asbestos hazard, as well as establishing additional notification and accreditation requirements.

The Asbestos Model Accreditation Plan was developed to provide specific accreditation and training requirements for persons conducting asbestos-related work in schools, as well as asbestos workers in public and commercial buildings. EPA's Worker Protection Rule establishes requirements for employers of state and local employees who perform asbestos work in abatement projects, other construction activities, building maintenance, custodial, and brake and clutch repair activities by cross-referencing the standards developed under the Occupational Safety and Health Administration (OSHA).

Top of page

Lead Disclosure

Section 1018 (disclosure rule) of TSCA's Title IV is intended to ensure family health. It requires the disclosure of known information on lead-based paint and/or lead-based paint hazards before the sale or lease of housing built before 1978. Sellers and lessors must provide purchasers and lessees with a lead hazard information pamphlet such as " Protect Your Family From Lead in Your Home". The sellers must permit the purchasers a 10-day period in which to conduct an inspection or risk assessment for the presence of lead-based paint and/or lead-based paint hazards. Also, the sales contracts or rental leases must include a Lead Warning Statement, signed by the purchaser or lessor.

PCBs

Polychlorinated biphenyls (PCBs) are a class of highly toxic chemical compounds that bioaccumulate in the environment. When PCBs are found at high concentrations (greater than 50 parts-per-million, or ppm) or when there is the potential for their discharge from water outfalls, they are one of the most tightly regulated and controlled group of pollutants in the United States. PCBs were produced in the U.S. from 1929 to 1977 and used in a wide range of applications (such as electrical transformers and capacitors, hydraulic systems, heat transfer systems, and carbonless copy paper), owing to a rare combination of properties, including a high dielectric constant (good insulator), low flammability, high heat capacity, low chemical reactivity, and long-term resistance to degradation. The sole manufacturer of PCBs in the U.S., produced 700,000 tons (1.4 billion pounds) of pure PCBs during this period. In the late 1970s, PCB production was voluntarily ceased and EPA banned the manufacture, import, export, distribution in commerce, and use except under limited circumstances. EPA also restricted disposal options and required the phaseout of certain types of equipment containing PCBs. PCBs are regulated primarily by the Toxic Substances Control Act (TSCA), with TSCA regulations defining how PCBs may be used, processed, distributed, manufactured, exported, and/or imported; storage and disposal options; spill clean-up requirements; and how PCB owners must keep records of equipment containing PCBs.

Top of page

Related Information

Additional information about toxic substances and related toxics enforcement programs is available at the following links:

Top of page

Toxic Substances Control Act

Civil Enforcement | Cleanup Enforcement | Criminal Enforcement

Local Navigation

Jump to main content.